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0198-1O NANCE NO. / / AN ORDINANCE REQUIRING A PERMIT FOR MASS GATHERINGS AND OUTDOOR MUSIC FESTIVALS; OUTLINING THE PROCE- DURES FOR APPLYING FOR SUCH A PERMIT; PROVIDING FOR PUBLIC HEARING ON SAID APPLICATION; PROVIDING A PROCEDURE FOR GRANTING OR DENYING SUCH APPLICATION; PROVIDING SPECIFIC GROUNDS FOR THE DENIAL OF A PERMIT; PROVIDING FOR A CASH DEPOSIT FOR FUNDING CERTAIN PERSONNEL IN CONNECTION WITH THE EVENT; PROVIDING FOR MINIMUM STANDARDS FOR NOISE, WATER AND FOR HEALTH AND SANITATION FACILITIES FOR THE EVENT; PROVIDING FOR A PENALTY FOR VIOLATION; A SEPARA- BILITY CLAUSE; AND PROVIDING FOR PUBLICATION OF AN EFFECTIVE DATE. WHEREAS, the City Council deems it necessary and proper and in the best interest of the health, safety, morals and general welfare of the City of Southlake, Texas, that an ordinance be enacted in connection with mass gatherings and outdoor music festivals; NOW THEREFORE, be it ordained of the City of Southlake, Texas: SECTION 1-DEFINITIONS: and enacted by the City Council 1.01-"Mass Gatherings" means any meeting or gathering held inside the city limits or within the extraterritorial jurisdiction of the City of Southlake, Texas, which attracts, or can be expected to attract, more than 500 persons who will remain at the location of the gathering for a period of more than six (6) continuous hours, excluding any primary or secondary public or private school sponsored event. 1.02-"Outdoor Music Festival" and "event" means any form of musical entertainment provided by live performances occurring on two or more consecutive days or on two days in any three day period,~[. (a) more than 500 persons are in attendance at any one performance; ~) any of ~[ performers or any of the audience are not within a permanent structure; and (c) the performance occurs inside the city limits of, or within the extraterritorial jurisdiction of, the City of Southlake, Texas. 1.03-"Promoter" means any person, group of persons, firm, corporation, partnership or association that organizes, promotes or solici%~ funds for the organization or promotion of a mass gathering or an outdoor music festival. 1.04-"Issuing Officer" means the City Secretary of the City of Southlake, Texas. -1- SECTION 2-PROHIBITION: 2.01-No person may act as a promoter of a mass gathering or outdoor music festival unless he obtains a permit from the issuing officer under the provisions of this ordinance. SECTION 3-APPLICATION FOR PERMIT: 3o01-A promoter desiring to hold a mass gathering or an outdoor music festival shall file a permit application with the City of Secretary of the City of Southlake, Texas, at least forty-five (45) days before the day the mass gathering or event is to be held. 3.02-The permit application must include: (a) the name and address of the promoters and the names and addresses of all associates and employees of the promoter assisting in the promotion of the mass gathering or event; (b) a financial statement of the promoter and a statement specifying from whom capital for the mass gathering or event is being supplied and in what amounts; (c) a description of the place where the mass gathering or event is to be held which will provide a physical description of the location upon which the event is to be held and a description which will adequately locate the property within the city limits or extraterritorial jurisdiction of the city; (d) the name and address of the owner of the place where the mass gathering or event is to be held and a statement des- cribing the terms and conditions of the agreement whereby the promoter is authorized to use the land; (e) the date and times that the mass gathering is to be held; (f) the maximum number of persons that the promoter will allow to attend the mass gathering or event and a statement showing how the promoter plans to control the number of persons in attendance at the mass gathering or event; (g) a description of the promoter's agreements with performers who are scheduled to appear at the mass gathering or event and the names and addresses of the performers who have agreed to appear and their agents; (h) a full and complete statement describing the promoter's preparations for the mass gathering or event to comply with the minimum standards of sanitation and health as prescribed by Chapter 178, Acts of the 49th Legislature, Regular Session, 1945, as amended (Article 4477-1, Vernon's Texas Civil Sta- tutes); -2- (i) a description of all preparations being made to provide traffic control and internal site security, to insure that all persons attending the mass gathering or music festival will be protected, and as a part of such information. Promoter will provide to the Southlake Police Chief not later than ten (10) days prior to the hearing on the Application for Permit, a list of all security personnel to be employed by the Promoter, including names, addresses, dates of birth, and motor vehicle operators license numbers. (j) a description of the preparations made to provide adequate medical and nursing care; (k) a description of the preparations made to supervise minor persons who may attend the mass gathering; (1) the application for the permit must be verified by the promoter and be based on his best information and belief; and, (m) a filing fee of $50.00 must be submitted with the appli- cation for a permit. 3.03-The following minimum standards for water, toilet faci- lities, minimum area, solid waste facilities, noise control, food sani- 3tation, and medical and nursing care shall apply to any mass gathering or outdoor music festival under this ordinance and the promoter must show that such standards will be complied with at such event prior to any approval being given by the City Council for the issuance of a permit under this ordinance. 1. Water Supply (a) The quality of water to be supplied, if not furnished from the municipal water system, shall meet the approval of the county health officer, and on his request, an evaluation of the supply may be made by the Texas State Department of Health. (b) Water shall be provided at the rate of at least one (1) pint per hour for each person present at the site for any event of more than eight (8) hours and at the rate of at least one pint per every two hours for each person present at the site for any event less than eight hours in length. {c) Water shall be delivered to the dispensing points in such a manner as to preclude the possibility of contamination. All water conveyor facilities shall be cleaned and disinfected prior to being used and any containers used for water delivery shall be covered to prevent the entrance of dust, insects, or other contaminants. 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Food Sanitation: (a) All food and beverages sold or furnished shall be obtained from approved sources. Sources shall be deemed to be approved if they have been approved for food sales or manufacture by any state, county or local health agency or official. (b) Foods, while being stored, prepared or served, shall be protected from contamination. (c) Ail perishable food shall be stored at such temperatures as will protect against spoilage. (d) Ail potentially hazardous food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish and shellfish, shall be maintained at safe temperatures (45° F. or below, or 140° F. or above). (e) The washing and sanitizing or food equipment and utensils shall be in compliance with the requirements set forth in the State Sterilization Law (Article 700b, T.P.C.). (f) Ail food service personnel shall wear clean outer garmets, maintain a high degree of personal cleanliness, and conform to hygienic practices while on duty. Handwashing facilities shall be provided. 7. Medical and Nursing Care: (a) At least one (1) emergency aid station for each ten thousand (10,000) persons or fraction thereof shall be main- tained and be clearly identifiable by a prominent sign during the entire time of the mass gathering. (b) Each emergency aid station shall have on duty at all times at least two (2) persons who have had, as minimum, training in first aid either by the American Red Cross or as a medical corpsman in the armed services. One (1) shall be in charge. (c) Each emergency aid station shall be provided with the fo]lowing equipment and supplies: A tent or other suitable temporary shelter shall be erected at a convenient location on the grounds of the mass gathering to house the emergency aid station. -5- folding cots - 6 blankets - 8 chest or box (for supplies) - 1 chairs - 2 flashlights - 2 Pail or plastic wastebaskets 2 paper bags for waste 24 paper towels (roll or package) - 4 Pitcher (with cover) - 2 tourniquet (rubber tubing) - 3 Adhesive bandages (assorted) - 4 dozen Adhesive tape (3" and 4") 4 rolls each bandages (2" and 4") - 12 rolls each Triangular bandage (40") - 6 Cotton balls (prepackaged) 400 Alcohol (isopropyl) - 2 pints Scissors (blunt) - 1 pair Snake bite kit - 1 Splints - 6 Bag mask resuscitator'with oxygen supply - 1 Stretcher - 1 Thermometer (oral) ~ 2 Bandage compress (2", 3", and 4") size size - 6 each size x 4" cotton gauze squares - 100 (d) A written plan for the evacuation of sick or injured persons shall be provided and approved by the County Health Officer covering the following services and a copy of the plan shall be placed in a conspicuous place in the emergency aid station: Name, location and telephone number(s) of one (1) or more available licensed physicians Name, location and telephone number(s) of an available ambu- lance Name, location and telephone number(s) of an available nearby hospital SECTION 4 - INVESTIGATION: 4.01-After an application for permit is filed, the City Secre- tary shall send copies to the County Health Officer, and the Southlake Chief of Police. 4.02-The County Health Officer may inquire into preparations for the mass gathering or outdoor music festival and at least five days before the hearing submit a report to the City Council of the City of $outhlake stating whether or not he believes that the minimum standards of health and sanitation provided by state and local laws, rules, regu- lations, and orders will be maintained. -6- 4.03-The Chief of Police of the City of Southlake, Texas, shall investigate preparations for the mass gathering and at least five days before the hearing shall submit a report to the City Council of the City of Southlake whether or not he believes the minimum standards provided by the state and local laws, rules, regulations, and orders for assuring public safety and order will be maintained. 4.04-The issuing officer may conduct any additional investi- gation which he considers necessary. 4.05-The County Health Officer and the Chief of Police or the agent of each shall be available to give testimony relating to their reports at the hearing before the City Council. SECTION 5 HEARING: 5.01-The issuing officer shall set a date and time for a hearing before the City Council of Southlake, Texas, on the application for a permit. The hearing may be held not later than twenty (20) days before the day set for the mass gathering to begin or the first performance of the event, and not earlier than fifteen (15) days after the day the application is filed. 5.02-Ten (10) days notice of the time and place of the hearing shall be given to the promoter by Certified Mail, at the address shown on ':he application, and reasonable notice shall be given any persons who have an interest in the granting or denial of the permit. 5.03-At the hearing before the City Council of Southlake, Texas, any person may appear and testify for or granting of the permit. the City of against the SECTION 6 - DENIAL OF PERMIT- GROUNDS: 6.01-After the hearing is completed, the City Council shall enter its findings in the record and shall grant or deny the permit. 6.02-The City Council may deny the permit if it finds that: (a) The application contains false or misleading information or required information is omitted; (b) The financial backing or stability of the promoter is insufficient to assure that the mass gather will be conducted in the manner stated in the application; (c) The location selected for the mass gathering or event is inadequate for the purpose for which it is to be used; (d) The promoter has not made adequate preparations to limit the number of persons attending the mass gathering or event or to provide adequate supervision for minor persons attending the mass gathering or event; -7- (e) The promoter does not have assurance that performers who are scheduled to appear will appear; (f) The preparations for the mass gathering or event do not assure that minimum standards of sanitation and health will be maintained or that the safety of the persons in attendance will be protected, or that adequate supervision of minor persons will not be provided; (g) Adequate arrangements for traffic control have not been provided; (h) Adequate medical and nursing care will not be available; (i) The time and place for the mass gathering or event creates a substantial danger of congestion and disruption of other lawful activities in the immediate vicinity of the mass ga- thering or event; (j) The promoter does not have adequate agreements with performers to insure with reasonable certainty that persons advertised to perform will in fact appear. 6.03-A finding under Subsection 6.02 of this section requires a majority vote of the City Council. SECTION 7 PERMIT: 7.01-A permit, if issued, shall authorize the promoter to hold a mass gathering or outdoor music festival at a specified place and at a specified time. SECTION 8 - REVOCATION OF PERMIT: 8.01-At any time prior to five days before the day of the mass gathering or first performance of the event, the City Council may, after reasonable notice to the promoter and a hearing, revoke the permit on a finding by majority of the City Council that the preparations for the mass gathering or event will not be completed in time for the first performance and that the failure to carry out the preparations will result in a serious threat to the health or safety of the community or the persons attending the event. SECTION 9 - CASH DEPOSIT: 9.01-As a condition precedent to the issuance of a permit hereunder, the City Council may require the promoter to make a cash deposit with the City of Southlake, to provide an adequate fund for the compen- sation of such security personnel as may be required to adequately provide for the physical safety of persons and property of persons in the city or who are residents of the City of Southlake and to protect the property of ~uch city and provide for traffic control, based upon the number of persons estimated by the promoter to be in attendance at the event. -8- 9.02-Within twenty (20) days after the event has concluded, the City of Southlake, shall deduct all amounts expended by such City for the payment of Security Personnel referred to in 9.01 above from the cash deposit and shall remit the balance thereof, if any, to the promoter or person actually having placed such deposit with the City. together with an accounting for the funds retained by the City. Such action and remitting of funds by the city, or acceptance thereof, by the promoter or any other person shall not be deemed to be an agreement of the funds claimed by the City or the reasonableness of the charges and the Promoter shall be entitled to initiate an action in a District or County Court, as appropriate, of Tarrant County, Texas, for the purpose of challenging the reasonableness of any amounts withheld by the City. SECTION 10 FINAL SITE CLEAN-UP: 10.01-At the conclusion of a mass gathering, or an outdoor music festival, the site shall be inspected by the County Health Officer for health and sanitation consideration. The promoter, land owner, and/or Lessee of leased premises, upon notification by the County Health Officer of the existence of any unsanitary conditions, shall be immediately cause such conditions to be corrected. SECTION 11 - PENALTIES AND INJUNCTIVE RELIEF: ll.01-Any person, firm or corporation, or any employee, agent, ~ervant, or representative of any person, firm or corporation who shall /iolate any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction be punished by a fine of not more than $200.00. Each day shall constitute a separate basis for an offense and each particular violation of the terms and conditions of this ordinance shall constitute a separate and distinct offense. ll.02-Upon a specific finding by the City Council, after public hearing, that any person, group of persons, firm, corporation, partnership or association is organizing or attempting to organize a mass gathering or outdoor music festival, as defined herein, and has advertised same to be held on a specified date or dates within forty-five (45) days of such public hearing and no permit has been applied for under this ordinance, the City Council shall, upon majority vote, instruct the City Attorney for the City of Southlake, Texas, to seek and obtain injunctive relief against the apparent promoter and the landowner or either person or entity having legal right to the use and control of the site advertised as the site upon which the mass gathering or outdoor music festival is to occur to enjoin the holding of such mass gathering or outdoor music festival on such site unless and until a permit has been applied for and granted. SECTION 12- SAVINGS CLAUSE: 12.01-If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid or held uncon- stitutional, the same shall not affect the validity of this ordinance as ~ whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. -9- 12.02-This ordinance, upon becoming effective, shall repeal all ordinances or portions thereof that are in conflict with the provi- sions of this ordinance or which relate to the matters set forth in this ordinance. 12.03-This ordinance shall take effect and be in full force and effect from and after publication of a descriptive caption hereof in the official newspaper of the City, in accordance with the appropriate statutes governing such publication, and the City Secretary is hereby directed to so publish the same. PASSED AND ADOPTED this / day of ~ , 1982. Sa~parger,~4~ay~ ATTEST: ~andy LeGrand, City Secretary .&PPROVED AS TO FORM: WILLIAM H. SMITH, City Attorney -10-